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Tuesday, 6 December 1983
Page: 3320

Senate amendments-

No. 1-Page 33, clause 9, proposed new sub-section 25Z (1), line 38, leave out '' (4)'', insert ''(6)''.

No. 2-Page 55, clause 24, proposed new paragraph 39C (1) (d), line 17, leave out ''or''.

No. 3-Page 55, clause 24, after proposed new paragraph 39C (1) (e), insert the following word and paragraph:

''; or (ea) in a case in which there is no Subdivision for enrolment for which the person can apply in pursuance of paragraph (c), (d) or (e)-the Subdivison with which the person has the closest connection,''.

No. 4-Page 56, clause 24, after proposed new sub-section 39C (5), insert the following sub-section:

'' '(5A) Where an Australian Electoral Officer notifies a person under sub- section (5) of a decision to refuse an application made under sub-section (1), the notice shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if he is dissatisfied with the decision, make an application to the Administrative Appeals Tribunal for review of the decision.''.

No. 5-Page 58, clause 28, paragraph (a), line 24, leave out ''39B or 39C'', insert ''39B, 39C or 41A''.

No. 6-Page 60, clause 29, proposed sub-section 43 (4), line 15, leave out '' shall not be considered'', insert ''received''.

No. 7-Page 60, clause 29, proposed sub-section 43 (4), line 17, after ''election '', insert ''shall not be considered until after the expiration of that period'' .

No. 8-Page 61, clause 30, after proposed new sub-section 46A (4), insert the following sub-section:

'' '(4A) Where a Divisional Returning Officer grants or refuses a request made by a person under sub-section (1) or (2), the Divisional Returning Officer shall notify the person in writing of the decision.''.

No. 9-Page 66, clause 42, after proposed sub-section 58 (2), insert the following new sub-section:

'' '(2A) Where a Divisional Returning Officer for a Division-

(a) notifies a person under sub-section 39B (5) that an application made by the person under sub-section 39B (1) has been refused;

(b) notifies a person under sub-section 46A (4A) that a request made by the person under sub-section 46A (1) or (2) has been refused;

(c) notifies a person under sub-section 86 (9) that the person is not enrolled for a Division; or

(d) notifies a person under sub-section 86 (10) that the person is not a prescribed elector within the meaning of section 86,

the person may, before the expiration of the period of 28 days commencing on the day on which he is so notified, request the Divisional Returning Officer, in writing, to refer-

(e) the application made by the person under sub-section 39B (1);

(f) the request made by the person under sub-section 46A (1) or (2); or

(g) the application made by the person under sub-section 86 (2),

as the case may be, to the Australian Electoral Officer for the State that includes that Division for review.''.

No. 10-Page 66, clause 42, proposed sub-section 58 (3), line 14, leave out ''or (2)'', insert '', (2) or (2A)''.

No. 11-Page 66, clause 42, before proposed paragraph 58 (3) (a), insert the following new paragraph:

''(aa) any relevant application made under sub-section 39B (1);''.

No. 12-Page 66, clause 42, after proposed paragraph 58 (3) (b), insert the following new paragraph:

''(ba) any relevant request made under sub-section 46A (1) or (2);''.

No. 13-Page 66, clause 42, proposed paragraph 58 (3) (f), line 21, leave out '' and''.

No. 14-Page 66, clause 42, after proposed paragraph 58 (3) (f), insert the following new paragraph:

''(fa) any relevant application made under section 86; and''.

No. 15-Page 66, clause 42, proposed sub-section 58 (4), line 25, leave out ''or objection'', insert '', objection, application or request''.

No. 16-Page 66, clause 42, proposed sub-section 58 (4), line 27, leave out ''or objection'', insert '', objection, application or request''.

No. 17-Page 66, clause 42, proposed sub-section 58 (6), line 36, leave out ''or (2)'', insert '', (2) or (2A)''.

No. 18-Page 67, clause 42, proposed sub-section 58AA (1), lines 12 to 14, leave out the proposed sub-section, insert the following sub-section:

'' '58AA. (1) Application may be made to the Administrative Appeals Tribunal for review of-

(a) a decision made by an Australian Electoral Officer refusing an application made under sub-section 39C (1); or

(b) a decision made by an Australian Electoral Officer under sub-section 58 (5) .''.

No. 19-Page 73, clause 42, proposed section 58N, at end of section, add the following new sub-section:

'' '(3) Where a political party is de-registered under sub-section (1), that party, or a party that has a name that so nearly resembles the name of the de- registered party that it is likely to be confused with or mistaken for that name , is ineligible for registration under this Part until after the general election next following the de-registration.''.

No. 20-Page 74, clause 42, after proposed sub-section 58P (2), insert the following new sub-section:

'' '(3) A Parliamentary party shall not be de-registered under this section.''.

No. 21-Page 81, clause 42, proposed paragraph 58Z (4) (c), lines 37 and 38, leave out the proposed paragraph, insert the following paragraph:

''(c) the Commission is satisfied, after making such enquiries as it thinks appropriate of the registered officer of that party or otherwise, that the candidate is so endorsed.''.

No. 22-Page 81, clause 42, proposed section 58Z, at end of section, add the following new sub-section:

'' '(6) A reference in sub-section (4) to the registered officer of a political party shall be read as including a reference to any person nominated by the registered officer of that party to be a deputy registered officer of that party for the purposes of that sub-section by notice in writing, specifying the name and address of the person and signed by the registered officer, lodged with the Commission, not being a nomination that has been cancelled by notice in writing, signed by the registered officer, lodged with the Commission.''.

No. 23-Page 87, clause 52, proposed paragraph 71 (2) (a), line 19, after '' enrolled;'', insert ''or''.

No. 24-Page 87, clause 52, proposed paragraph 71 (2) (b), line 22, leave out '' enrolled; or'', insert ''enrolled.''.

No. 25-Page 87, clause 52, proposed paragraph 71 (2) (c), lines 23 to 28, leave out the proposed paragraph.

No. 26-Page 95, clause 63, paragraph (d), proposed new paragraph 87 (3) (b), lines 14 to 17, leave out the proposed paragraph.

No. 27-Page 95, clause 63, paragraph (d), proposed sub-section 87 (4), line 23, leave out ''in writing''.

No. 28-Page 103, clause 80, proposed sub-section 106 (2), line 18, after '' orders'', insert '', or any of 3 orders,''.

No. 29-Page 103, clause 80, proposed sub-section 106 (4), line 32, after ''2'', insert ''or 3''.

No. 30-Page 103, clause 80, proposed sub-section 106 (4), line 33, leave out '' may be'', insert ''requires''.

No. 31-Page 103, clause 80, proposed sub-section 106 (5), line 37, after ''2'', insert ''or 3''.

No. 32-Page 105, clause 80, proposed paragraph 106C (2) (c), lines 39 to 41, leave out the proposed paragraph.

No. 33-Page 105, clause 80, proposed paragraph 106C (2) (d), line 42, leave out ''where paragraph (c) does not apply-''.

No. 34-Page 106, clause 80, proposed paragraph 106C (2) (e), line 1, leave out ' 'where paragraph (c) applies'', insert ''where only the name, or a name, of 1 party is so entered''.

No. 35-Page 106, clause 82, proposed section 107A, line 32, after ''2'', insert ''or 3''.

No. 36-Page 106, clause 82, at end of proposed section 107A, add the following new sub-section:

'' '(2) Where there are 2 or more tickets to be displayed in a poster in accordance with sub-section (1), their relative positions on that poster shall be determined by lot.''.

No. 37-Page 126, clause 103, proposed paragraph 133B (1) (b), lines 7 to 13, leave out the proposed paragraph, insert the following paragraph:

''(b) has- (i) in a case where there are more than 9 candidates in the election -in not less than 90% of the squares opposite to the names of candidates, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 3 of them would be in such a sequence; or

(ii) in any other case-in all the squares opposite to the names of candidates or in all those squares except one square that is left blank, numbers in a sequence of consecutive numbers commencing with the number 1 or numbers that with changes to no more than 2 of them would be in such a sequence; and''.

No. 38-Page 126, clause 103, proposed paragraphs 133B (1) (f) and (g), lines 19 to 27, leave out the proposed paragraphs, insert the following paragraphs:

''(f) where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1-the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

(g) the voter shall not be taken to have expressed any other preference.''.

No. 39-Page 126, clause 103, proposed paragraphs 133B (2) (f) and (g), lines 39 to 43 and page 127, lines 1 to 4, leave out the proposed paragraphs, insert the following paragraphs and sub-section:

''(f) where numbers in squares opposite to the names of candidates are in a sequence of consecutive numbers commencing with the number 1-the voter shall be taken to have expressed a preference by the other number, or to have expressed preferences by the other numbers, in that sequence; and

(g) the voter shall not be taken to have expressed any other preference.

'(3) In considering, for the purposes of sub-section (1) or (2), whether numbers are in a sequence of consecutive numbers, any number that is repeated shall be disregarded.''.

No. 40-Page 127, clause 104, after proposed sub-section 134A (2), insert the following new sub-section:

'' '(2A) For the purposes of section 135 where-

(a) in a Senate election a ballot-paper has, or ballot-papers have, been marked in accordance with sub-section 123 (1A) by a mark having been placed in a square printed above the names of candidates in a group; and

(b) the candidates in that group have 3 group voting tickets registered for the purposes of that election,

then-

(c) if the number of ballot-papers is a number divisible by 3 without any remainder-one-third of the ballot-papers shall be taken to have been marked in accordance with one of the tickets, one-third of the ballot-papers shall be taken to have been marked in accordance with another one of the tickets and the other one-third in accordance with the other ticket;

(d) if there is only one ballot-paper or the number of ballot-papers is a number divisible by 3 with a remainder of 1- (i) the ballot-paper or one of the ballot-papers shall be deemed to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

(ii) one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket; or

(e) if there are 2 ballot-papers or the number of ballot-papers is a number divisible by 3 with a remainder of 2- (i) one of the ballot-papers shall be taken to have been marked in accordance with whichever of the 3 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory;

(ii) one of the ballot-papers shall be taken to have been marked in accordance with whichever of the other 2 tickets is determined by lot by the Australian Electoral Officer for the relevant State or Territory; and

(iii) one-third of the remainder of the ballot-papers (if any) shall be deemed to have been marked in accordance with one of the tickets, one-third of that remainder shall be deemed to have been marked in accordance with another one of the tickets and the other one-third of that remainder shall be deemed to have been marked in accordance with the other ticket.''.

No. 41-Page 127, clause 104, proposed sub-section 134A (3), line 36, after ''2'' , insert ''or (2A), as the case requires,''.

No. 42-Page 128, clause 104, proposed paragraph 134A (4) (b), line 1, after ''2' ', insert ''or 3''.

No. 43-Page 128, clause 105, after paragraph (b), insert the following new paragraphs:

''(ba) by omitting from paragraph (1) (d) all the words after 'ballot-papers';

(bb) by omitting from paragraph (1) (h) all the words after 'sub-section';''.

No. 44-Page 130, clause 105, after proposed sub-section 135 (15), insert the following new sub-section:

'' '(15A) Notwithstanding any other provision of this section, where, on the completion of a transfer of votes under this section, the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates shall be elected.''.

No. 45-Page 132, clause 105, proposed sub-section 135 (24), lines 28 to 37, leave out the proposed sub-section.

No. 46-Page 134, clause 109, proposed sub-section 140A (1), lines 23 and 24, leave out ''as if in sub-section 135 (6) 'half' were inserted before 'the number of candidates' '', insert:

''as if-

(a) in sub-section 135 (6) 'half' were inserted before 'the number of candidates'; and

(b) the only names of candidates appearing on the ballot-papers were the names of the candidates elected at the election and the numbers indicating preferences had been altered accordingly.''.

No. 47-Page 163, clause 114, after proposed sub-section 161 (2), insert the following new sub-section:

'' '(2A) A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, an advertisement, handbill, pamphlet or notice that contains a representation or purported representation of a ballot-paper for use in that election that is likely to induce an elector to mark his vote otherwise than in accordance with the directions on the ballot- paper.''.

No. 48-Page 163, clause 114, proposed sub-section 161 (3), line 14, leave out '' or (2)'', insert '', (2) or (2A)''.

No. 49-Page 180, Schedule 1, proposed Form E, leave out ''5'' (wherever occurring).

No. 50-Page 180, Schedule 1, proposed Form E, proposed note commencing with ''3' ', leave out ''and candidates grouped together are in different parties''.

No. 51-Page 180, Schedule 1, proposed Form E, leave out proposed note commencing with ''5''.

No. 52-Page 180, Schedule 1, proposed Form E, after ''one'', insert '', and one only,''.